Terms and Conditions

COVID-19
PLEASE REFER TO OUR TEMPORARY AMENDMENT TO THE TERMS AND CONDITIONS REGARDING THE IMPACTS OF COVID-19 ON BOOKINGS. 

TERMS AND CONDITIONS
Take Shape Health & Fitness Pty Ltd trading as ’Take Shape Adventures’ (hereby referred to as TSA) (ABN 93143572294) provides a range of products and services throughout Australia and overseas destinations. The following terms and conditions (‘conditions’) form the basis of the participant acknowledging that s/he has read and agrees to the terms and conditions of service set out herein prior to registering as a participant in an activity. Take Shape Adventures may change or update the Terms & Conditions at any time and we strongly recommend that you read all information relating to your intended walk or other event and comprehend the location, duration, requirements and the booking terms prior to each time you agree to any purchase.

PRIVACY POLICY
This Privacy Policy governs the manner in which Take Shape Adventures uses, maintains and discloses information collected from users (“User”) of the www.takeshapeadventures.com.au website (“Site”). This privacy policy applies to the Site and all products and services offered by TSA.
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, Facebook Page, Tweets, place an order, fill out a form, or subscribe to the newsletter. Users may be asked for, as appropriate, name, email address, mailing address, phone number.
We do not share this information with outside parties except to the extent necessary to provide the immediate service being offered. If the User decides to opt-in to our mailing list, they will receive emails that may include news, updates, related product or service information, sales and marketing information etc. The User can unsubscribe from receiving future communication at any time by contacting TSA.

COPYRIGHT
Content published on this website (digital downloads, images, texts, graphics, logos) is the property of Take Shape Adventures and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of Take Shape Adventures.

COMMUNICATIONS
The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

APPLICABLE LAW
By visiting this website, you agree that the laws of the Australian Government, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Take Shape Adventures and you, or its business partners and associates.

USER ACCOUNT
If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password. We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.

BOOKINGS
All bookings are made to Take Shape Health & Fitness PTY LTD trading as Take Shape Adventures (TSA) and are processed in Australian dollars ($AU) via our online booking systems and secure software. This software may include WooCommerce, InfusedWoo, Infusionsoft, Paypal, or Direct Debits through Eway or Stripe.
Failure to make the required full or partial payments at our request may result in your booking being cancelled.
All payments are inclusive of GST, merchant fees and booking fees.
When purchasing from Take Shape Adventures, all card details are transmitted through our SSL secure website.
No Credit Card information is held by Take Shape Adventures after processing.

PAYMENTS
Upon your Purchase of any event, product or service, unless you notify us otherwise, you agree to all fees and all other charges relating to the total purchase being billed automatically each month from the nominated Payment Method provided by you during the purchase process.
You must notify TSA of any change to your Payment Method. If you do not notify us of any such change, then TSA will assume that the details of your Payment Method remain correct and will continue to automatically bill any fees or charges relating to your purchase until any and all amount owing is fully paid.
Users are required to keep their account in funds to meet these payments. In the event of the failure to pay the monthly fees, missed payments will be automatically re-submitted for payment after 24hrs.
If any fees or charges billed to your account are not processed for any reason, then TSA will have the right to cancel your booking until all fees and charges have been paid in full.

When you make a purchase from Take Shape Adventures, the following payment schedules will automatically apply:
Single Day and One Night Events
Full payment is required at the time of booking.
Two Night Events
A non-refundable deposit is required at the time of booking.
A Direct Debit payment for any remaining fees will automatically be processed 30 days after the booking date.
All remaining fees and payments to be fully paid 30 days prior to the event start date.
Three and Four Night Events
A non-refundable deposit is required at the time of booking.
A Direct Debit payment for an equal portion of remaining fees will automatically be processed 30 days and 60 days after the booking date.
All remaining fees and payments to be fully paid 60 days prior to the event start date.
Greater than Four Nights and International Events.
A non-refundable deposit is required at the time of booking.
A Direct Debit payment for an agreed amount to be determined by mutual agreement between the User and TSA will automatically be processed on a monthly schedule until all fees are paid.
All remaining fees and payments to be fully paid 90 days prior to the event start date.
All deposits are non-refundable.

CANCELLATIONS BY THE PURCHASER
The following conditions apply to all single day events, regardless of when the original booking was made or by what payment process and amount was used to confirm the booking. If you fail to attend an event on the day for any reason, all monies/vouchers will be forfeited and you will not be entitled to any form of credit or compensation. If you cancel your booking prior to the scheduled event, you may be eligible to the following refunds:
Single Day and One Night Events
More than 14 days prior to the event, we will provide you credit for the amount you paid less administration fee.
Less than 14 days prior to the event, we will retain all monies/vouchers.
Two Night Events
More than 30 days prior to an event, we will retain the deposit.
Less than 29 days prior to your event start date, 100% of the event price will be forfeited.
Three and Four Night Events
More than 60 days prior to an event, we will retain the deposit.
Between 59-30 days we will retain the deposit or 50% of the full cost of the event; whichever is greater.
Less than 29 days prior to your event start date, 100% of the event price will be forfeited.
Greater than Four Nights and International Events.
More than 90 days prior to an event, we will retain the deposit.
Between 89-30 days we will retain 50% of the full cost of the event.
Less than 29 days prior to your event start date, 100% of the event price will be forfeited.

CANCELLATION BY US
Events are generally not cancelled due to inclement weather which is to be reasonably expected during participation in outdoor activities. Take Shape Adventures reserves the right to cancel sessions, events or activities at any given time including cancellations on the day of said activity. If we choose to cancel a session, event or activity this is generally due to, but not limited to; insufficient participants, extreme weather (Severe Winds/ Hail/ Torrential Rain/ Severe Fire Danger/ Lightning); Park Closures, declared Total Fire Ban days, transportation failure or staffing constraints.
When an event is cancelled by us, participants will be entitled to re-book the activity or event at no additional charge. A refund may also be given upon request for the amount paid and in the same form as the original ticket was purchased. Participants are not entitled to claim any form of refund or compensation from TSA for cancellations, this includes but is not limited to Accommodation / Flights / Fuel / Loss of Income or any additional expenses incurred.
Where possible, participants will be notified via email and text of a cancellation at the earliest possible date and time.

INCLUSIONS
Inclusions will vary according to the trip type and duration and will be found in the individual trip information page. All of our trips will have the following inclusions:
All accommodation during the event.
All transport for the duration of the event.
All meals on Australian based events
An experienced guide

EXCLUSIONS
The following items are excluded from all events:
Personal Insurance
Transport to and from the event site or start location
Additional activities unless stated as inclusive at time of booking.

FLEXIBILITY AND ITINERARY CHANGES
Purchasers acknowledge that the nature of this type of outdoor adventure travel may require considerable flexibility and should be prepared for itinerary changes. The itinerary provided is representative of the planned route / trip / event, but it should be understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
Whilst TSA endeavors to operate all trips as described we reserve the right to change any itinerary before or during any event due to local circumstances or events outside of our control. Take Shape Adventures are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as additional accommodation requirements, food, or non-refundable flights. When modifying an event, we will endeavour to retain the original value offer and the grading of the event.

INSURANCE
For all day events in the State of Victoria, it is recommended that participants have a minimum of an Ambulance Victoria Subscription. Similar levels of cover may be available through your personal Credit Card or Health Insurance Programs, however we strongly recommend participants confirm this prior to attendance.
It is compulsory that participants obtain Travel Insurance for all TSA interstate and international travel and it is recommended this be obtained within 48hrs of any TSA event purchase. When selecting a travel insurance policy please ensure it has the appropriate level of medical coverage and emergency rescue, plus personal liability, cancellation, curtailment, loss of luggage and personal effects.
Take Shape Adventures can provide Personal Travel Insurance through our Insurance Program which is provided through Cover-More. This Insurance Cover is provided independent from any event price and can be purchased at any time regardless of existing or proposed bookings with TSA. Please visit our website for more information. TSA will not accept responsibility or provide assistance if problems arise due to a participant having insufficient cover purchased through TSA or another provider.

THIRD PARTY PROVIDERS
Some optional activities that form part of the event or this contract may be provided by an independent company. In this instance, TSA has contracted a third party company or qualified individual to provide specialist services. The contract for the provision of that activity will be between you and the activity provider. By participating in the activity, you also accept that any assistance given by the specialist leader in undertaking the activity does not render TSA liable for them in any way.

VISA AND PASSPORT REQUIREMENTS
All international participants must have a valid passport with at least 6 months validity after the trip return date. All participants are also responsible for their own visa requirements for all countries on the proposed tour. Participants are solely responsible for meeting the necessary passport and visa entry requirements and paying all associated costs. TSA is not responsible for any delay, entry refusal or loss resulting from incorrect travel documents, visas or other travel documentation.

AGE AND HEALTH REQUIREMENTS
Take Shape Adventures has the right to exclude any person from participating in our activities. This includes if at any time the trip leader concludes the participant does not meet the minimum health requirements to safely undertake the activity. Participants must not attend an event under the influence of alcohol or drugs. Failure to disclose information about any illness, physical limitations or injuries exempts TSA from any liability.

YOUR PARTICIPATION
TSA puts safety first and reserves the right to suspend or cancel the attendance of any participant whose conduct has the potential to cause injury or harm to the public, staff of TSA or other clients.
The Participant agrees to provide sole responsibility for the security and safety of the participant’s own equipment and other personal belongings during the activity and related activities.

TRAVELLING WITH MINORS
All TSA activities have a minimum age limit of 12 years old or over to participate. This is due to the skills, coordination, and endurance required to generally undertake our events. Any person under the age of 18 MUST be accompanied by a responsible adult and a waiver form must be signed by that person.

MEDICAL DISCLOSURE
By agreeing to these Terms & Conditions, you agree that you have disclosed to TSA all medical conditions, medications, allergies, food intolerances, or injuries that may affect your ability to undertake activities with TSA. You also agree that you know of no medical or other reason (other than as disclosed by you) why you cannot participate in active exercise. You further acknowledge that you have not been given advice from a medical professional that would be contravened by your attendance at a TSA event.

LIMIT OF LIABILITY
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that TSA is required to ensure that the recreational services it supplies to you:
are rendered with due care and skill; and
are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, Take Shape Adventures is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
The participant acknowledges and agrees that due to the nature of the activity, it would be unreasonable for the supplier to be in any way responsible for any injury to or death of the participant and the participant hereby, to the full extent permitted by law, waives all of his or her legal rights of action against and fully releases the supplier for loss, damages, injury or death howsoever arising out of or in relation to the participation by the participant in the activities conducted or organised by the supplier.
The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

ACCEPTANCE OF RISK
The participant further acknowledges and agrees that he or she has undertaken the activity freely, voluntarily and absolutely at his or her own risk and with a full appreciation of the nature and extent of all risks involved in the activity. These Terms & Conditions shall bind the participant and his or her executors.
In some of our destination countries, the safety, hygiene and infrastructure standards may be at a lower standard than you as a participant is accustomed to. TSA liaises with it’s international staff and providers to reduce risk, however all participants agree and assume liability for any higher level of personal risk.

FOOD HEALTH AND SAFETY
TSA prepares and provides meals during its single day events and some of its multi-day events. Although occupational health, safety and food handling best practices are followed by TSA and its staff and contractors, we cannot guarantee all traces of nuts, egg, dairy, gluten and other known allergens are fully removed. TSA will not accept responsibility or liability for an adverse reaction to any food provided. In attending an event, particularly walks of an extended nature or overnight hikes, participants agree that food either prepared or served in the field may not meet all hygiene standards.

GIFT VOUCHERS
Vouchers include but are not limited to all gift card purchases, multiple walk offers, promotions and birthday certificates.
Vouchers expire 36 months from the date of purchase.
Bookings can be made for future listed events, however the event must be within the 36 month expiry period.
Vouchers are valid only within Australia and its value is equivalent to the Australian currency as printed.
Vouchers are not refundable or exchangeable for cash and any unused balance at the expiry date will not be refunded.
Multiple vouchers may be used in a single transaction.
In the event that the value of the voucher(s) used in a single transaction does not cover the full cost of the goods or services purchased, the balance must be paid by the voucher holder.
Take Shape Adventures shall not be responsible for any claims, demands, losses, costs, expenses or liability of any kind whatsoever suffered, arising from or in connection with loss or improper, or unintended use of this voucher.
To redeem a voucher, use the booking code provided, or contact Take Shape Adventures to complete your intended booking or purchase.
Vouchers cannot be applied to existing bookings made with Take Shape Adventures.
Take Shape Adventures reserves the right to vary/amend the terms & conditions associated with vouchers and their use. Take Shape Adventures reserves the right to discontinue its vouchers or promotions at any time.

HIRE OF LOAN OF EQUIPMENT
These conditions governing the rental and/or loan of any equipment, clothing or goods whatsoever (“Equipment”) by the participant from Take Shape Adventures.
The participant acknowledges and agrees that no representations have been made by TSA in relation to the suitability of the Equipment for the Customer’s purposes.
The participant shall ensure that they, and anyone else who may use the Equipment, uses it safely, and as per the manufacturer’s instructions and with the necessary care, skill and diligence required to use the Equipment.
If the Equipment is lost, stolen or damaged (which TSA shall determine in its sole discretion) then the Customer shall pay any replacement or repair costs determined by TSA.

TRANSFER OF PLACE
You can transfer payment or attendance of an activity or event to another person at the sole discretion of TSA.

MARKETING AND PHOTOS
You consent to us using images of you taken during the trip for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.

FEEDBACK AND COMPLAINTS
Your feedback is welcome and important in helping us to resolve our clients concerns with all aspects of TSA and the services and activities it provides.
If you have any constructive feedback or a complaint we encourage you to inform us by email or by calling us during our normal business hours. TSA will use its best endeavours to respond to your feedback promptly.

CONTACT US
If you have any questions about these Terms & Conditions, our practices, pricing and payments, or any other dealings with our staff, please contact us at:

Take Shape Adventures
PO Box 5005
Alphington, 3078.
Australia
hello@takeshapeadventures.com.au

 
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